55-152.
Rules and regulations; recommendations of advisory committee; annual review of drilling methods.
(a) The commission shall adopt such rules and regulations necessary for the implementation of this act including provisions for the construction, operation and abandonment of any well and the protection of the usable water of this state from any actual or potential pollution from any well. The commission may also promulgate rules and regulations necessary for the supervision and disclosure of any well on which a hydraulic fracturing treatment is performed. Any such rules and regulations relating to wells providing cathodic protection to prevent corrosion to lines shall not preempt existing standards and policies adopted by the board of directors of a groundwater management district if such standards and policies provide protection of fresh water to a degree equal to or greater than that provided by such rules and regulations. No rules and regulations promulgated pursuant to this section shall be adopted by the commission until recommendations have been received from the advisory committee established by K.S.A. 55-153, and amendments thereto.
(b) The commission annually shall review current drilling methods, geologic formation standards, plugging techniques and casing and cementing standards and materials. Based on such review, the commission, if necessary, shall amend its rules and regulations to reflect any changes to be made in such methods, standards, techniques and materials from the previous year.
History:
L. 1982, ch. 228, § 3; L. 1986, ch. 201, § 9; L. 1992, ch. 68, § 2; L. 2012, ch. 101, § 1; July 1.
Notes of Decisions
McGowan v. Miss. State Oil & Gas Bd., 604 So. 2d 312 (Miss. 1992).
“These internal regulations were promulgated under the authority of K.S.A. 55-152 (Supp. 1991), which confers on the Commission the mandate to protect the usable water of the State of Kansas from any actual or potential pollution from oil wells.”
Hickey v. Kansas Corp. Comm'n, 765 P.2d 1108 (Kan. 1988).
· cites it 2× “K.S.A. 55-152 specifically provided that the KCC would adopt the necessary rules and regulations to implement the 498 program, *76 and comprehensive regulations for that purpose were adopted.”
Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2022).
· cites it 2× “This practice does not protect the usable water of the state from actual or potential pollution from any well, as required by K.S.A. 55-152(a).'" Wells did not disclose to the Commission in her protest document that while she lived in Mission Hills, Johnson County, she owned 160…”
Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2021).
“She also argued K.S.A. 2019 Supp. 55-152(a)—which generally provides for the Commission to create rules and regulations involving the construction, operation, and abandonment of any well—allowed protests without requiring actual and specific harm.”
— K.S.A. § 55-152(a) — 2 cases
Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2022).
“This practice does not protect the usable water of the state from actual or potential pollution from any well, as required by K.S.A. 55-152(a).'" Wells did not disclose to the Commission in her protest document that while she lived in Mission Hills, Johnson County, she owned 160…”
Wells v. Kansas Corp. Comm'n (Kan. Ct. App. 2021).
“She also argued K.S.A. 2019 Supp. 55-152(a)—which generally provides for the Commission to create rules and regulations involving the construction, operation, and abandonment of any well—allowed protests without requiring actual and specific harm.”
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